A 45-year-old man who sucked on a sex toy, then grabbed the buttocks of a 16-year-old employee at a Portland Baskin-Robbins as he told her what he’d like to do to her was sentenced Monday to sex offender treatment.

Themba Hasaan Kelley was scheduled to go to trial, but instead he pleaded no contest to luring a minor. He also was sentenced to three years of probation, mental health treatment and inpatient drug treatment for his methamphetamine problem.

Kelley’s public defender, Brian Schmonsees, said his client was under the influence of drugs at the time of the Jan. 5 incident and had fooled himself into thinking the teenager was interested in his sexual advances.

“He did not recognize the signals,” Schmonsees said.

According to a probable-cause affidavit, the girl was the only employee at the ice cream store at 6371 S.W. Capitol Highway near closing time at 10 p.m. She was mopping the floors when Kelley walked in and said he was not interested in ice cream. Kelley told the girl she was “innocent and cute,” and began sucking on a sex toy saying that was how he’d like to suck on her toes. Kelley also told the girl it would be “cool” to have sex in the store with her.

“Victim was scared and unsure what to do, and attempted to be polite” out of fear she might make Kelley mad and more aggressive, according to the affidavit, written by prosecutor Russ Ratto.

When Kelley grabbed the teen's hips and buttocks, the teen backed away and told him he had to leave. He left and she called her mother, who called 911. Police arrived to find the girl crying and shaking. Police found Kelley nearby at the McMenamins Hillsdale Brewery and Public House, across from Wilson High School. The girl identified him.

If Kelley had been found guilty of felony luring a minor during a trial, he would have faced up to two years of prison under Oregon’s sentencing guidelines.

At his plea and sentencing hearing Monday, Kelley expressed disappointment at having to register as a sex offender. He said he planned to maintain his sobriety.

“I plan on taking this situation and turning it around into something good,” Kelley said.

Ratto, the prosecutor, said the girl and her family approved of the plea deal. If Kelley violates his probation, he faces a prison term of up to two years.